another CR infringement, software infringement, beauty brands and infringements


I wish you all a good start of the week. We are now fully settle into October. Here are this week’s news.

EU joined the Geneva Act

After receiving the green light from the European Parliament, the European Union will now join the Geneva Act of the Lisbon Agreement on the protection of geographical indications (however, we will have to wait three month for the official accession). By joining this act, you will be able to secure protection for appellations of origin (AO) through a single registration in the signatory countries.

Another one from the music industry: Lil Nas and Cardy B sued for Copyright infringement

Lil Nas and Cardi B are being sued over their collaboration “Rodeo” by a production company in Atlanta who manages the right related to “Broad Day”, a song by PuertoReefa and Sakrite Duexe. Broad Day contains a beat titled “gwenXdonlee4-I42”, beat created by the two authors of Broad Day. This beat was apparently used in Rodeo by Lil Nas and his collaborator without permission of its original authors. What do you think?

Blue Mail developed sues Apple over patent infringement

Blue Mail is an app that was launched in 2015 that, beyond normal what a normal email app offers, also offers the possibility to create and use random email addresses that allow the users to preserve its anonymity and preventing the person you are contacting to ever find out about your identity. Apparently this is achieved through a specific system, that was patented by Blue Mail in the US.

Now, one of Apple’s new feature includes the possibility to create randomly generated email addresses, any email received to that random address is then forwarded to the real address.

Blue Mail is aware that they are not the first company to create a system of “masked addresses” but they are accusing Apple of using their specific method for achieving a similar result. We will keep you updated on any development.

Remember that Software is not patentable in the EU!

Private content provider condemned in Spain

Courts in Barcelona have confirmed and condemned a private content provider nicknamed “DAC” for uploading almost 30.000 songs and sharing the download link via numerous websites. DAC became quite popular since he was able to offer the latest hits, with great quality and even offered its own compilations. DAC was able to profit through two revenue streams: according to the number of downloads and through premium or paid subscription on the websites where he was offering his links. Due to his activities, he was condemned for copyright infringement, most specifically for violating the reproduction and “making available” rights, both exclusive rights granted to the copyright holder.

Can a horse bit be considered as a trade mark?

According to the Tribunale di Fermo in Italy, no, the horse bit cannot be considered as a trade mark identifying Gucci’s goods (specifically, its loafers). The dispute started almost 10 years ago when Gucci discovered that Silvano Lattanzi was selling loafers in Italy bearing a horse bit on its upper part. Gucci considered that this would lead to confusion between consumers as to the origin of the goods or any possible endorsement from Gucci.

The court took the side of Silvano and understood that the horse bit design in question had been used by brands other than Gucci since, at least, 1938 and that the horse bit did not functioned as a trade mark. Indeed, horse bits are included in numerous products and used by different brands and, therefore, does not serve as an indicator of a single source of those products.

Take into account that, due to the territorial nature of IP rights, this decision will only affect the Italian market. Gucci still enjoys exclusive rights over its trade mark bit for footwear use in the US.

Shiseido acquires Drunk Elephant… and something more

Shiseido has now acquire 100% stakes in the clean beauty brand “Drunk Elephant” (DE). Acquiring all DE assets, also entails acquiring its liabilities, which includes a current dispute between DE and L’Oreal. Allegedly, DE’s “C-Firma Day Serum” has infringed and continues to ingringe L’Oreal’s patent for a specific Vitamin C compound that can be found in its C E Ferulic serum. DE filled a counterclaim requiring the courts to declare that its activity did not infringe L’Oreal’s patent and that, actually, said patent should be declared invalid on the basis that it failed to comply with patentability requirements. The case is still pending in the US and we will have to wait and see how this acquisition by Shiseido transforms this legal battle.

These are the news from this week. See you Thursday for our monthly blog post.

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